Author: Palak Jain, IV year of B.B.A.,LL.B from Career Point University Kota Rajasthan.
A most heinous crime done against a woman is ape. It's regarded even more heinous than murder because the victim dies a number of times while still alive. Despite the fact that it is not her fault, the victim of rape is treated unfairly and made to believe that she is the culprit in every case we've observed. Offenders are viewed with a softer and more forgiving eye by society. When a woman is raped, she dies on the inside.
The wedding is associated with great sacredness in Hindu civilization, and the husband is believed to be the wife's protector. Since the same individual is the perpetrator of sexual rape or sexual assault, and society and the legal system refuse to accept the incidence of such abuse, the victim's pain and dilemma are unfathomable.
The issue of marital rape was taboo and rarely discussed. Nonetheless, it has an impact on a large number of women in society. Marital rape may happen to anybody, regardless of their age, social status, education, race, or ethnicity. According to research, rape by husbands is just as frightening and disgusting as rape by strangers.
Marital rape would be any unwanted sexual intercourse or penetration (vaginal, anal, or oral) obtained by force, fear of force, or without the permission of the spouse. Marital rape occurs when one spouse engages in nonconsensual sexual activity with another, or when permission is extorted by blackmail or the danger of bodily damage. The crime of marital rape is regarded as one of the most heinous and barbaric crimes perpetrated against women. As a type of domestic violence and sexual abuse, marital rape is considered. Women are more commonly involved in marital rape, but they are not the only ones.
One of the main causes for marital rape is that many spouses use sexual violence as a strategy to demonstrate dominance and masculine authority in an extremely male-dominated relationship. A'male method of sperm competition,' which may be a consequence of sexual jealously of a person as a woman's sexual un-receptivity may advise him that she has consensual intercourse with another, is also a crucial feature for raping an unwilling pair-bonded partner. Also, abusive males with a history of alcohol or drug usage are more likely to sexually assault their wives whether they are drunk or sober. It's critical to emphasise that the long-term consequences of marital rape include unfavourable sentiments toward males, low self-esteem, dread, anxiety, shame, embarrassment, and indignation.
Despite the fact that we have progressed in every possible aspect, marital rape is not considered a crime in India. Despite revisions, law commissions, and new laws, one of the most humiliating and crippling actions in the world is still not considered a crime in India. A quick look at the options available to a woman seeking to protect herself in marriage reveals that law is either non-existent or ambiguous, leaving it all to the judgment of the courts.
"Sexual intercourse by man with his spouse, the wife not being under 15 years old, isn't always rape," reads Section 375[1] of the Indian Penal Code (IPC), which echoes extremely archaic beliefs. Rape is punishable under section 376 of the Indian Penal Code. According to the section, the rapist must be punished with imprisonment for a period for a period of not less than 7 years but not more than life, or for a period of up to 10 years, as well as a fine, unless the woman raped is his wife and isn't younger than 12 years old, in which case he will be punished with imprisonment of either description for a period of not less than 7 years but not more than life, or for a period of up to 10 years,
This section, which deals with sexual assault, states that an offence of rape within marital ties exists only if the wife is under the age of 12 years old. If she is between the ages of 12 and 15, an offence is committed, but it is considerably less serious, resulting in a lighter sentence. Once a child reaches the age of 15, the spouse may be denied legal protection, which is in direct violation of human rights laws. How can the same legislation set the legal age of consent for marriage at 18 while yet protecting people as young as 15 from sexual offence?
Marital rape is a severe crime, and women who have been victims of this type of rape desperately need more support from the law and society. Sufferers are subjected to a wide range of emotional and behavioural responses, some of which are extremely severe. It is also evident that raping one's husband has far more serious consequences than "just" being abused. In every comparison, the raped and abused women displayed more extreme emotions than other battered women who had not been raped. However, it was also true that raped women tended to have been subjected to the most severe forms of violence.
The author would like to provide the following suggestions based on his or her observations and experiences while working on this issue:
Make the youth aware of such a heinous conduct so that they acquire a detest for it. Women must break free from societal taboos and cultivate a realistic mindset. It is past time for India to acknowledge the need of criminalising marital rape. The current legal rules should be repealed, and new and necessary laws should be enacted.
The apparatus in place to combat such crimes must make it simple for women to express their problems and provide appropriate remedies. The judiciary should be educated and instructed to treat women with empathy rather than compassion when dealing with such sensitive problems.